NHS Worker Awarded £1.4k in Tribunal Over Harassment Claims
A health care assistant has been awarded over £1,400 after an employment tribunal ruled she experienced harassment at work, though it also found she inappropriately touched a patient's bottom. The case highlights ongoing issues of workplace conduct and discrimination within the NHS.
Details of the Harassment Claims
Mrs Ilda Esteves, a 61-year-old woman of Indian heritage, was employed as a Bank Band 2 Health Care Assistant with the West London NHS Trust from September 2022. She filed five claims, including victimisation and unlawful deduction of wages, but the tribunal only upheld claims of age and sex-based harassment.
The harassment stemmed from her Team Leader, Charles Oppong, who repeatedly called Mrs Esteves 'auntie' despite her specific and repeated requests to be referred to by her name. The tribunal acknowledged that 'auntie' is considered a term of respect in Ghanaian culture, which is Mr Oppong's heritage, but ruled that as her superior, he should not have made such comments.
Additionally, Mr Oppong made numerous comments suggesting she would be a 'good match' for an older colleague named George. The tribunal determined this conduct was an offensive attempt at humour that created a hostile and offensive work environment for Mrs Esteves.
Financial Compensation and Tribunal Findings
The financial remedy was limited to compensation for injury to feelings. Given that the harassment involved only one person and lasted just two months, the tribunal placed her at the bottom of the lower band for compensation, awarding her £1,425.15.
At the outset of the hearing, Mrs Esteves requested an anonymity order due to an allegation that she touched a patient's bottom. This request was denied because the tribunal found the email containing the allegation to be 'accurate and true'. It was noted that the incident may have been inadvertent and not sexual, but was still deemed inappropriate.
Other Claims Dismissed
Mrs Esteves had claimed that Mrs Elspeth Jefferson circulated a 'false and misleading' email regarding a church outing involving a patient. The email alleged that Mrs Esteves stayed out beyond her authorised time, failed to get a patient's consent before a bag search, and inappropriately touched a patient's bottom.
The tribunal found Mrs Jefferson to be an 'utterly credible' witness, ruling that the events described in the email were true and her motive was purely to support Mrs Esteves and protect her from patient complaints. Consequently, this claim was dismissed.
Other dismissed claims included direct discrimination on the basis of age, race, and sex, harassment on the basis of race, and claims of detriment for whistleblowing, victimisation, and unlawful deduction of wages.
NHS Trust Response
A West London NHS spokesperson stated: 'We are proud of our diverse workforce, and fostering a safe, supportive and inclusive environment for our staff to work in is important for us. We have a zero tolerance approach to any form of harassment or discrimination and continually work to uphold these standards for the wellbeing of all of our staff.'
This case underscores the importance of respectful workplace practices and the legal recourse available for employees facing harassment, while also noting the complexities in balancing cultural sensitivity with professional conduct.
